DUI Rights in Hawaii

DUI Rights in Hawaii – Hawaii DUI Help

While the state of Hawaii may seem like all palm trees and leis, it does take its drunk driving laws very seriously. In the state of Hawaii, Driving Under the Influence is referred to as OVUII, or “operating a vehicle under the influence of an intoxicant.” Just like DUI in other states, OVUII is a very serious charge and can have very serious consequences. If an individual wishes to fight OVUII charges, it is important to consult a legal professional and understand your rights.

At DUIRights.com, we specialize in reviewing individual’s cases and the specific circumstances in order to build a strong defense. One of the things our professionals will look at is whether or not the individual’s rights were violated during the arrest. In order to understand what happened when the client was taken into custody, the attorney will ask specific questions, such as:

Did the arresting officer have probable cause to pull the individual over?

Did the arresting officer witness the individual behind the wheel of the vehicle?

Was the individual administered proper field sobriety testing?

Did weather conditions or any other outside forces affect the outcome of the individual’s sobriety testing?

Did the individual have the Miranda Rights recited to him or her by the officer?

Were there other witnesses to the individual’s driving behavior? Were their observations consistent with the arresting officer’s?

The specifics of the arrest will help the legal professional determine which, if any, of the client’s rights were violated. If they were violated, it can help the attorney negotiate a more pleasing outcome for the clients, helping them to avoid some, if not all, of the consequences of being convicted of OVUII. Being able to use this evidence against the prosecutor allows the attorney to move to have the case dismissed – unfortunately, plea bargaining for OVUII is not allowed in the state of Hawaii.

Penalties for First Time OVUII Offenders

Some individuals do not view being convicted of OVUII as a serious problem. What they may not understand is that whether they are arrested and convicted in Honolulu, Kailua, or anywhere on the islands, they will be facing major, life altering consequences. Although first time offenders of OVUII will not face jail time or having to use an ignition interlock device, they do face fines of up to $1,000 and a 90-day license suspension. This can have a major impact on their financial and personal futures.

Hawaii DUI Defense

No matter how guilty you may think you were at the time of the arrest, we want you to know one important thing: There is ALWAYS an aggressive and effective Hawaii DUI defense that will help you fight for the best possible outcome. In our experience, many officers do not follow proper field sobriety test procedures. In fact, challenging probable cause and the way field sobriety tests, blood tests and breath tests were administered is often a successful strategy to reduce or drop the charges. Also, many people plead guilty prematurely based on a breath test with a result above the legal limit. This is a common and costly mistake, as there are a variety of ways in having the breath test suppressed as we will show you how to do.

DUI Laws in Hawaii

When compared to other states, Hawaii is fairly lenient in DUI penalties across the board. This is actually rather surprising because many of the other states that would be considered “tourist” states are fairly strict. Minimum jail sentences, fines, and no mandatory ignition interlock device installation make this one of the “softer” states in the country.

Consequences for Refusing to Take Chemical Tests

While most penalties and fines are rather timid in Hawaii, those refusing to take a chemical test will face a license revocation, not a suspension. This means that you will have to take all tests again to have it re-instated after the revocation period is over. In the state of Hawaii, chemical test refusals will result in penalties of:

First offense – one year license revocation

Second offense – two year license revocation

Third offense – four year license revocation

Challenging BAC Levels in Court

Hawaii uses the same blood alcohol content levels as most other states in the country:

Drivers that are 21 years or older, .08 percent

Drivers under the age of 21, .02 percent

Commercial drivers, .04 percent

Is There Mandatory Jail Time Required for a DUI in Hawaii?

This may be the one area where Hawaii is truly the most lenient in the country. In fact, its third violation sentences are shorter than most states first time sentences. All mandatory sentences are posted below:

First time offenders – no mandatory jail sentence required

Second time offenders – minimum of five days in jail with a maximum of 14 days in jail

Third time offenders – minimum of ten days in jail with a maximum sentence of 30 days

*Hawaii offers a five-year washout period for all sentencing purposes.

Monetary Fines and Penalties for DUI in Hawaii

The minimum fines in Hawaii are very low, but maximums are in line with many other states:

First offense – fines ranging from $150 to $1,000

Second offense – fines ranging from $500 to $1,500

Third offense – fines ranging from $500 to $2,500

License Suspension for DUI in Hawaii

This is one area where Hawaii actually meets or exceeds other states. First time offenders are given a small break, but repeat offenders face significant suspensions if convicted:

First offense – mandatory 90 days

Second offense – one-year suspension

Third offense – minimum of one year and a maximum of five-year suspension

Reasons to Hire a Hawaii DUI Attorney

Wind and rain are common in Hawaii, creating hazardous driving conditions. Drivers need not increase their risk of accidents by drinking before getting behind the wheel. A DUI arrest carries serious penalties including fines, community service, and jail time. Individuals convicted of DUI must also have ignition interlock devices installed in their vehicles, adding expense and inconvenience. The best way to avoid conviction following a DUI arrest is to hire an attorney.

Some attorneys, called DUI public defenders, are available at little or no cost and are appointed by the court system to indigent individuals. This legal assistance may seem like a bargain but defendants often get what they pay for, resulting in their conviction and associated penalties. If they could go back and do it again, many defendants would pay to hire private attorneys devoted to DUI cases.

DUI attorneys practicing in Hawaii understand state laws and have experience with the Hawaiian court system. They research cases thoroughly and when necessary, call experts to testify at DUI hearings to expose inaccuracies in DUI testing. When jail time is a possibility, pursuing all legal avenues to reduce the chance of conviction is the best approach. These attorneys work hard to decrease or eliminate DUI penalties for their clients, making them worth every penny.

How to Find a Hawaii DUI Attorney

Hawaii is a series of islands, making it difficult to locate the best DUI lawyers practicing in the state. Instead of searching on your own, let DUIRights.com help match you with the best Hawaii DUI lawyer for your case. Use our short, electronic form to provide basic details and we will quickly locate the perfect DUI attorney.

Lawyers referred by our system specialize in DUI cases within Hawaii. These attorneys evaluate circumstances surrounding DUI arrests at no charge, providing basic recommendations about how to proceed. Whether a client is innocent or guilty, they charge reasonable fees to build and present strong defenses at DUI hearings, achieving the best outcomes.

If arrested and convicted of a DUI in Hawaii, there are a couple of major concerns. Firstly, if you refuse to take a chemical test, your license is automatically revoked. Second, a first time conviction is fairly lenient in terms of penalties and fines, but repeat offenders face significant suspension times. Finally, there is no wet reckless plea in Hawaii, which means you must win your case outright if you want to avoid a DUI in your record. To do this, you will need a Hawaii DUI attorney. To find experienced Hawaii DUI Rights lawyers as well as more information about the cost of your Hawaii DUI, fill out the Free DUI Arrest Evaluation Form today.

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